- 12 - sec. 1.1368-1(f)(5), Proposed Income Tax Regs., 57 Fed. Reg. 24435 (June 9, 1992). Thus, the regulations also allow for a taxpayer to make the election on an amended return. EMFI did not attach an election statement in respect to section 1368(e)(3) to its Form 1120S nor did it file an election with an amended Form 1120S. Notwithstanding the fact that EMFI did not file an election statement with the Secretary under section 1368(e)(3), respondent argues that we should apply the doctrine of substantial compliance to find that EMFI elected to treat all distributions in its fiscal year ended October 31, 1993, as taxable distributions of earnings and profits. Petitioners argue that respondent may not invoke the doctrine of substantial compliance to create a binding election when the taxpayer does not make and file an election in accordance with the Secretary’s requirements and procedures. Historically, this Court has, under limited circumstances, excused taxpayers from strict compliance with procedural regulatory requirements as long as the taxpayer "substantially complied" by fulfilling the essential statutory purpose. See, e.g., American Air Filter Co. v. Commissioner, 81 T.C. 709, 720 (1983); Tipps v. Commissioner, 74 T.C. 458, 468 (1980); Taylor v. Commissioner, 67 T.C. 1071 (1977); Hewlett-Packard Co. v. Commissioner, 67 T.C. 736, 748 (1977); Sperapani v. Commissioner,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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